Legacy Church RZ-13-001CITY OF MERIDIAN E IDIAN~-~-
FINDINGS OF FACT, CONCLUSIONS OF LAW ~-
AND IDAHO
DECISION & ORDER
In the Matter of Rezone of 3.95 Acres (11 Parcels) of Land from the R-4 (Medium-low Density
Residential) Zoning District to the O-T (Old Town) Zoning District for Legacy Church, Located at
1505 N. Meridian Road, by MGT Legacy Church.
Case No(s). RZ-13-001
For the City Council Hearing Date of: March 26, 2013 (Findings on Apri19, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 26, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 26, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-001
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 26, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for rezone is hereby approved per the comments in the attached Staff
Report for the hearing date of March 26, 2013, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of March 26, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-001
-2-
By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL, MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
VOTED ~~~
VOTED Cty ~
VOTED oy e
VOTED c~.~ Q
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y e Weerd
44ORATED AUCUS~l
Attest:
O ly
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City of
__ E ~IDIZ IAN...,
IDAHO
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Copy served upon Applicant, The Planning
Public Works Department and City Attorney.
BY~ ~~~~~
City Clerk's Office
Dated:_ ~ " ~~` ~ 3
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-001
day of (1~ r ~~ ,
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: March 26, 2013 E IDIAN~--
TO: Mayor and City Council i D A H Q
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: RZ-13-001 -Legacy Church
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, MGT Legacy Church, has applied to rezone (RZ) 3.95 acres of land from the R-4
(Medium-low Density Residential) zoning district to the O-T (Old Town) zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed rezone based on the Findings of Fact and Conclusions of
Law in Exhibit D of the Staff Report. The Meridian Planning and Zoning Commission heard this
item on February 21, 2013. At the public hearing, the Commission voted to recommend
approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: David Crawford
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. The requirement fortwo-story construction within the O-T zone.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Reimbursement of the rezone application fee.
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Legacy Church RZ-13-001 PAGE 1 .
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-13-
001 as presented in the staff report for the hearing date of March 26, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-13-001 as
presented during the hearing on March 26, 2013, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number RZ-13-001 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
1501 N. Meridian Road -Parcel #'s 89453000107; 89453000100; 89453000117; 86066010141;
R6066010145;R6066010150; 86066010155; 86066010137; R6066010131;R606601060;
86066010127
Located in the northeast'/4 of Section 12, Township 3 North, Range 1 West
B. ApplicandOwner
MGT Legacy Church
1501 N. Meridian Road
Meridian, ID 83642
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: January 4, and 18, 2013 (Commission); March 4, and 18,
2013 (Council)
C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission);
February 28, 2013 (Council)
D. Applicant posted notice on site by: February 11, 2013 (Commission); March 14, 2013 (Council)
VI. LAND USE
A. Existing Land Use(s): The subject property is developed with an existing church, associated
parking lot, and several single family homes.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single family homes, zoned R-4
South: Single family homes, zoned R-4
East: Single family homes and a commercial business, zoned C-C
Legacy Church RZ-13-001 PAGE 2
EXHIBIT A
West: Single family homes, zoned R-4
C. History of Previous Actions:
• In 1998, a conditional use permit was approved to allow the construction of the church
parking lot.
• In 2001, a certificate of zoning compliance (CZC-O1-053) was approved to construct a new
parking lot for the church.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The
applicant is proposing to rezone the property O-T (Old Town District), which is consistent with the
Old Town land use designation.
Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and
the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and
service retail for surrounding residents and visitors. A variety of residential uses could include reuse
of existing buildings for residential uses, new construction of multi-family residential over ground
floor retail or office uses. In order to provide and accommodate preservation of the historical
character, specific design requirements may be imposed. Pedestrian amenities would be emphasized.
Public investment to ensure that Old Town becomes a centralized activity center with public, cultural,
and recreational structures would be encouraged. The boundary of the Old Town district
predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street
were incorporated into the boundary to encourage similar uses and complimentary design of the
facing houses and buildings." Staff finds that the finds the existing church complies with the stated
purpose of the Old Town designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Require all new parking lots to provide landscaping in internal islands and along streets
(2.01.04B, Chapter 2, page 14).
The church plans on expanding the existing parking area due to the loss of parking created
by the split corridor road project. Future parking lot must comply with the landscape
standards set forth in UDC 11-3B-C.
• Restrict private curb cuts and access points on collectors and arterial streets (3.06.02D,
Chapter 3, page 53).
Legacy Church RZ-13-001 PAGE 3
EXHIBIT A
Currently several of the properties take access to Meridian Road, designated an arterial
street. With future expansions access will be restricted to this roadway and access will be
taken from the surrounding local streets as evident in the submitted development plans
attached in Exhibit A.
• Permit new residential, commercial, or industrial developments only where urban services
can be reasonably provided at the time of final approval and development is contiguous to the
City (3.Ol.O1F, Chapter 3, pg. 45).
The subject property lies within the boundaries of the City of Meridian and is provided with
City services.
• Encourage compatible uses to minimize conflicts and maximize use of land (3.06.00, Chapter
3, page 53).
The church has existed in the area for quite some time. Staff believes the continuing use of the
facility should have minimal impact on the adjacent residences since it church predated much
of the single family homes in the area.
• Encourage Infill Development (3.04.02B, Chapter 3, pg. 51).
The subject site is already developed with an existing church. Due to the expansion of the
adjacent roadway the applicant plans to expand the parking area. Future plans also include
expanding the existing church and improving the facade. Rezoning the property to the Old
Town district would allow the applicant to expand the use and redevelopment the site without
having to go through the conditional use permit process. Further, future expansions would
only require the approval of a certificate of zoning compliance and administrative design
applications. Staff is of the opinion rezoning this property to O-T assists in the revitalization
of the property.
Based on the analysis above, staff finds the existing use of the property and the proposed rezone to O-
T is consistent with the goals and objectives of the Comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted,
accessory, conditional, and prohibited uses in the O-T zoning district. The existing church and
single family homes are listed as principally permitted uses in the proposed O-T zone.
B. Dimensional Standards: After rezone ordinance approval, the dimensional standards listed in
UDC Table 11-2D-4 for the O-T zoning district apply to this site.
IX. ANALYSIS
REZONE ANALYSIS: The applicant requests approval to rezone 3.95 acres of land (11 parcels)
from the R-4 zone to the O-T zone. The rezone is desired so the church use on the property will be a
principally permitted use and not anon-conforming, prohibited use (churches are not allowed in the
R-4 zoning district). Further, the applicant has plans for future expansions which under the current R-
4zoning would require the procurement of a conditional use permit to expand the non-conforming
use. Under the O-T zone, the church use is classified as a principally permitted use thus making it
easier to facilitate future development review as envisioned by the Comprehensive Plan.
Due to the Meridian Split Corridor phase II (MSC II) road project, the church is losing a portion of
the parking in front of the facility. The first phase of church construction includes expanding the
parking lot (see Exhibit A.2). The submitted plan depicts landscaping and site layout of the new
parking area. Further, it illustrates future access will be facilitated from the adjacent local streets
consistent with the Unified Development Code (UDC). The future parking lot expansion will require
Legacy Church RZ-13-001 PAGE 4
EXHIBIT A
the approval of a certificate of zoning compliance and administrative design review from the Planning
Department.
Although not required, the City typically requires the execution of a development agreement (DA)
with rezone requests. At this time, however, Staff is not recommending a development agreement
with the subject rezone request for the following reasons:
1) The site is developed with an existing church and additional parking is needed to
accommodate church events. Staff does not foresee the use of the property changing;
2) The existing church and single family homes are principally permitted uses in the proposed
O-T zone. Any future expansion of the church/site will require certificate of zoning
compliance and administrative design review approval and;
3) The Comprehensive Plan encourages the revitalization of Downtown. Any future development
must comply with all City ordinances in effect at the time of development.
Fee Reimbursement Request: The applicant is seeking fee reimbursement approval from City
Council. During the right-of--way (ROW) negotiations with ACHD, it was the desire of the applicant
that ACHD facilitate the rezoning of the property. ACHD is not facilitating the rezone. The applicant
believes the rezoning of the property would not have been necessary if it were not for the road project
eliminating a portion of their parking area. Because of the ROW given up for the MSC2 project, the
church has the expense to construct a new parking lot; it is the desire of the church to use the
reimbursed fee towards beautification of the site. The requested fee reimbursement will be at the
discretion of the Council in accord with UDC 11-SA-7B.
Based on the analysis above, staff finds rezoning this property to the O-T zone is consistent with
Comprehensive Plan and the Unified Development Code. Therefore, staff recommends approval of
the rezone request. NOTE: Because staff is not recommending a Development Agreement, and
conditions of approval are not associated with a Rezone, there are no conditions associated with this
application. The Agency Comments listed herein are just that, comments for the applicant's
information as future development may occur on this site.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Future Development Plans
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
Legacy Church RZ-13-001 PAGE 5
EXHIBIT A
D. Required Findings from Unified Development Code
Legacy Church RZ-13-001 PAGE 6
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map & Aerial Map
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EXHIBIT A
Exhibit A.2: Future Development Plans
Exhibit A PAGE 2
EXHIBIT A
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Exhibit A PAGE 3
EXHIBIT A
Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Upon development or redevelopment, the applicant will need to comply with all bulk, use, and
development standards of the Old Town zoning district listed in UDC Chapter 2 District regulations.
1.1.2 All future development of the subject property and expansion of existing structures will need to
comply with City of Meridian ordinances in effect at the time of development and must obtain
certificate of zoning compliance and administrative design review approval from the City of Meridian
Planning Department.
1.1.3 Future access to this site should be provided from the adjacent local streets in accord with UDC 11-
3A-3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns related to this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 Although it is not required at this time, parking in the Downtown Area of Meridian is quite limited and
we would like to see the parking plan for any additional parking for the church included in this
application to help the city with current and future parking needs analysis.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are site-specific
conditions of approval that the District may require when it reviews a future development application
for this site. The District may add additional site-specific requirements when it reviews a specific re-
development application.
6.1 SITE SPECIFIC CONDITIONS OF APPROVAL
6.1.1 Construct the northern portion of Elm Avenue as one-half of a 36-foot local street section with vertical
curb, gutter, and 5-foot wide sidewalks, abutting the site.
6.1.2 Remove the existing perpendicular parking along Elm Avenue, abutting the site.
6.1.3 Construct Maple Avenue as one-half of a 36-foot local street section with rolled curb, gutter, and 5-
foot wide sidewalk, abutting the site.
6.1.4 Pave the alley right-of--way its entire width from Maple Avenue to Elm Avenue, thru the center of the
site.
6.1.5 Construct a driveway no more than 40 feet in width onto 1st Street, a minimum of 75 feet north of Elm
Avenue (measured centerline-to-centerline). Replace the remaining portions of undefined driveway on
1st Street north of Elm Avenue abutting the site with vertical curb so as to restrict turning movements
away from the driveway location. Pave the driveway its full width and at least 30 feet into the site
beyond the edge of pavement of the roadway.
Exhibit B PAGE 1
EXHIBIT A
6.1.6 Construct a 30-foot wide driveway onto 1st Street located 125 feet north of Maple Avenue, as
proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of
pavement of the roadway.
6.1.7 Pave the 20-foot wide driveway on Maple Avenue located 100 feet east of 1st Street its full width and
at least 30 feet into the site beyond the edge of pavement of the roadway.
6.1.8 Pave the 24-foot wide driveway on Maple Avenue located 110 feet west of Meridian Road its full
width and at least 30 feet into the site beyond the edge of pavement of the roadway.
6.1.9 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or reconstruction
of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items, abutting
the site.
6.1.10 Payment of impacts fees are due prior to issuance of a building permit.
6.1.11 Comply with all Standard Conditions of Approval.
6.2 STANDARD CONDITIONS OF APPROVAL
6.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-
of-way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
6.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
6.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
6.2.8 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
6.2.9 Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
6.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
Exhibit B PAGE 2
EXHIBIT A
6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change by the
applicant in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless
a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B PAGE 3
EXHIBIT A
C. Legal Description and Exhibit Map
A engineers, tnc.
~ddl~,uttl[f.1~ ri.nglncera ~ Survty~ors
~4?~E~'lA!. Fs,anklln Rd. (3aEa~. Id. 83T(7S
'1: ~'U8~3L~S-3381 FR~4 2QA•:342•~742
MGT Lucy Church
tNd Town Rezone Dsecr~ptitatr
The south 55-feet of i,.aE 15, lat 1T, a portion of I.ats 16 tR 18, Block 1 of VU~ran Addipon !o
Meridian, as show in i3aok 12 of Plat at Page T08 records of Ada County, Idaho: a portion of Lots 1-4,
Lots 5-8 of t3lodc # of Nidays Seoortd Addkbr- to Meridian as shown in Boatc 11 of Plats at Page 594
records of Ada r~uMy, Idaho and adjoining right-of ways. Situate in 9roe rartheast gwtber of the
northeast quarter of Section 12, Township 3 North, Range 1 West, ~ Meridian, Meridian City. Ada
Courrty, Idaho, being more Partkulsrhl described as to~ovvs:
Commencing at the northeast comer of said Sedan 12, thence S00'16'S2"E, 169.80 hat abng the
grrbar~ne of N. Meridian Rd, and the east boundary of the northeast quactar of acid Section 12 to tl~e
PoMt of Beglattfrrg:
Thenaa oont~uing abrtg the oentertine of acid N. Meridian Rd. and Me east boundary of
the northaast quarter of said Scotian 12, S00.18'S2'E, 572.00 het to the oerdarline
atersecdan of N. M~ian Rd. and II1h Mapb Ave., which bears N00°18'62'W, 1,610.32
feat from the soutl~eat corner of the ~ quarter of sak! Sedan 12:
Thence S89°50'04'YY, 3113.04 feat. along the oe~er~e of W. Maptc Aw. to the
oeMerPne irhherseatian or W. M!apN Aw. and tVUW F'~rst St.;
Thence 100°18'45'W, 817.00 feet akx~p iM d~erline d NW First Sir;
Thence N89°60'03"E, 30.00 feet t0 the eastertir riglrt-of-way of N1N Fast St. and to the
westierl3r boundary of said Lot 15:
Thonca continuing N89°50'Q3'E,128.02 feet b the easterly boundary of said Lot 18 and
the ~ barmdsry d lot 18;
Theme N00°18'S2'VY, 55.00 hat to the northwest corner of said lot 16;
Thence N89°60'03'E, 104.74 hat abng the rwrtMrly boundary of sold Lot 16 and to the
wesueryt right-of way of N. Nkridi~ Rd.:
Thence rsar4inuing t~8ti°50'03"E, 53.2!3 he# h the Pmt of
Comprisir~ 3.95 acres, moss or iris.
REY'fL~{AfYl~t.
(3Y
.~`$
Mi=AtDIAN PUBLK:
Wt?RKS t)EPT.
Exhibit C PAGE 1
EXHIBIT A
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Rezone Sketch. for:
~G~ ~e~~Cy church
Exhibit C PAGE 2
EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:.
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from the R-4 zone to the O-T zone.
Since the church is an acceptable use in the O-T zone, the Council finds that the proposed
map amendment (rezone) is consistent with the Old Town land use designation for this site
(see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The existing church and the single family homes are principally permitted uses in the
requested zoning district; thus the Council finds the proposed rezone is generally consistent
with the purpose statement of the Old Town District.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Council considered all oral and written testimony provided
when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation rezone is in the best of interest of the City.
The Council finds rezoning this property with the O-T zone is in the best interest of the City
because the rezone will clean-up the non-conforming use on the property. The existing
church use will remain a principally permitted use in the proposed O-T zone. Any future
expansion of the church/site will require certificate of zoning compliance and administrative
design review application approval.
Exhibit D PAGE 1
EXHIBIT A
Exhibit A.1: Vicil~ity/Zoning Map & Aerial Map
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Exhibit A PAGE 3
EXHIBIT A
Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Upon development or redevelopment, the applicant will need to comply with all bulk, use, and
development standards of the Old Town zoning district listed in UDC Chapter 2 District regulations.
1.1.2 All future development of the subject property and expansion of existing structures will need to
comply with City of Meridian ordinances in effect at the time of development and must obtain
certificate of zoning compliance and administrative design review approval from the City of Meridian
Planning Department.
1.1.3 Future access to this site should be provided from the adjacent local streets in accord with UDC 11-
3A-3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns related to this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 Although it is not required at this time, parking in the Downtown Area of Meridian is quite limited and
we would like to see the parking plan for any additional parking for the church included in this
application to help the city with current and future parking needs analysis.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. AnA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are site-specific
conditions of approval that the District may require when it reviews a future development application
for this site. The District may add additional site-specific requirements when it reviews a specific re-
development application.
6.1 SITE SPECIFIC CONDITIONS OF APPROVAL
6.1.1 Construct the northern portion of Elm Avenue as one-half of a 36-foot local street section with vertical
curb, gutter, and 5-foot wide sidewalks, abutting the site.
6.1.2 Remove the existing perpendicular parking along Elm Avenue, abutting the site.
6.1.3 Construct Maple Avenue as one-half of a 36-foot local street section with rolled curb, gutter, and 5-
foot wide sidewalk, abutting the site.
6.1.4 Pave the alley right-of--way its entire width from Maple Avenue to Elm Avenue, thru the center of the
site.
6.1.5 Construct a driveway no more than 40 feet in width onto 1st Street, a minimum of 75 feet north of Elm
Avenue (measured centerline-to-centerline). Replace the remaining portions of undefined driveway on
1st Street north of Elm Avenue abutting the site with vertical curb so as to restrict turning movements
away from the driveway location. Pave the driveway its full width and at least 30 feet into the site
beyond the edge of pavement of the roadway.
Exhibit B PAGE 1
EXHIBIT A
6.1.6 Construct a 30-foot wide driveway onto 1st Street located 125 feet north of Maple Avenue, as
proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of
pavement of the roadway.
6.1.7 Pave the 20-foot wide driveway on Maple Avenue located 100 feet east of 1st Street its full width and
at least 30 feet into the site beyond the edge of pavement of the roadway.
6.1.8 Pave the 24-foot wide driveway on Maple Avenue located 110 feet west of Meridian Road its full
width and at least 30 feet into the site beyond the edge of pavement of the roadway.
6.1.9 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or reconstruction
of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items, abutting
the site.
6.1.10 Payment of impacts fees are due prior to issuance of a building permit.
6.1.11 Comply with all Standard Conditions of Approval.
6.2 STANDARD CONDITIONS OF APPROVAL
6.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-
of-way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
6.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
6.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
6.2.8 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
6.2.9 Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
6.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
Exhibit B PAGE 2
EXHIBIT A
6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change by the
applicant in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless
a waiver/variance of said requirements or other legal relief is granted by the ACRD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B PAGE 3
EXHIBIT A
C. Legal Description and Exhibit Map
A ~.r~gin~ers, tnc.
`d ~~ult!'if:A r';nglnaers a< Sar~~e~~ors
SQ~~IA'. Ft-dnklln Rtf. 13olsc, Id. 63709
~1:''9t~6`S~a'33t! { ~'#-X 2~R•,~42-i"s793
IIAGT Legacy Church
t?Id Town Rezone Deecriptiatt
The south 55-tee~t of fat 15, Lot 1T, s portan of Lcts 16 & 18, Block 1 of VrAMon Addition 10
Meridian, as stww in Book 12 of Plat at Page T08 rocords of Ads County. Idaho; a portion of Lots 1.4,
Lots 8-8 of Bieck 4 of Nidays Second Addition to Meridian as shc+rm in Book 11 of PIMs at Pays 5g4
records of Ada county, Mates and adjoining right-of-wsys. SituMe in the northasst gwr~er of the
northeast quarter of Set,~3on 12, Township 3 North, Range 1 West. Gorse Meridian, MerMieun City, Ade
County, Maha, being moro partiaalssiy described as follows:
Commencing at #~ noAheast comer of said Sscuon 12, thence S00'18'b2"E, 16g.e0 fact Hong the
grrterNne of N. Meridian Rd. and the east bourxtary of the norltwes~st quarter of saM Sectior-12 to the
Potent of BeglnrtlrrQ:
Thence cont~tuit'sg alorp the centerline of said N. Meridian Rd. ant! the east botx~dsry of
tM northeast quarter of :aid Section 12, S00°78'S2'°E, 872.00 feed to the ceentarNne
lion of N. MerMian Rd. and W. Maple Ave., which bears F100°18'S2'1N, 1,610.32
fleet from the southeeu<! corner of the rwrthesst quarter of said Seclian 12;
Thanes S8i1°30'04"YIf, 818.04 test. akmg the csraerline of W. Me~pie Aw. to the
cemeriine tr~ersection of W. MapNr Ave. and NW First St.;
Thence N00°18'45"VU. 51T.00 fleet abng ita cais-tertirre of NW Firrt St.;
Thence N89°50'03"E, 30.00 feet !o fhe easterly right-of-waay of NW Firms St. and to the
westerly boundary of said Lot. 18;
Thence coMirwing N88°50'03"E,12t}.02 tenet to the easters5r boundary of said Lot 18 and
the westery boundary of Lot 18;
T'henos N00°1e'S2till. 55.00 feet to the norttwrest corner of ssid Lot 18;
Thence Net)°50'03"E, 104.74 teat abng the northery boundary of said Lot 18 and to the
wes~tiy right-ot-way ~ N. Msridawn Rd.;
Thence conHnuiny Nets°50'08"E, 53.28 feet tD the Point of
ComprisMg 3.95 acrs~s, mae or kss.
REVtEtN~A ~ROVAt_
BY
,~$
MER6131AN PUBUG
WORKS t?t=PT.
Exhibit C PAGE 1
EXHIBIT A
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Rezone Sketch. for:
MGT Legacy Church
Exhibit C PAGE 2
EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:.
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from the R-4 zone to the O-T zone.
Since the church is an acceptable use in the O-T zone, the Council finds that the proposed
map amendment (rezone) is consistent with the Old Town land use designation for this site
(see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The existing church and the single family homes are principally permitted uses in the
requested zoning district; thus the Council finds the proposed rezone is generally consistent
with the purpose statement of the Old Town District.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Council considered all oral and written testimony provided
when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation rezone is in the best of interest of the City.
The Council finds rezoning this property with the O-T zone is in the best interest of the City
because the rezone will clean-up the non-conforming use on the property. The existing
church use will remain a principally permitted use in the proposed O-T zone. Any future
expansion of the church/site will require certificate of zoning compliance and administrative
design review application approval.
Exhibit D PAGE 1